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Healthcare Brief: market insights - March 2023
A summary of key developments which include a Call for Evidence to explore the option of a dual/multiple personal injury discount rate; publication of the summary of responses to the consultation on appropriate clinical negligence cover; the Powers of Attorney Bill; a letter to the profession from the General Medical Council; and draft statutory guidance issued on the protection of patient data.
Healthcare Brief: latest decisions - March 2023
A roundup of recent court decisions raising issues relating to divisible injury and material contribution in obstetric cases; best interest decisions and the role of parents in the clinical ethics committees’ process; and qualified one-way costs shifting.
Imminent changes to Qualified One-Way Cost Shifting: levelling the playing field
The UK Government has published its response to its consultation on changes to the Qualified One-Way Cost Shifting (QOCS) regime in personal injury cases, which was launched on 9 May 2022.
Personal injury report 2023: trends and future risks
Our latest report highlights some of the key trends and future risks that we anticipate will shape the personal injury agenda for 2023 and beyond.
What to expect if requested to give witness evidence at a Medical Practitioners Tribunal Service hearing
Witnesses of fact are a key part of hearings held by the Medical Practitioners Tribunal Service. A hearing which determines whether, or not, a doctor is fit to practise medicine. Here, we consider the process and what is expected of a witness asked to be involved in a MPTS hearing.
Implications of shelving the autonomous transport bill
Following enactment of the Automated and Electric Vehicles Act 2018 - designed to ‘kick-start’ the move towards self-driving vehicles – detailed exploration by the Law Commission of England and Wales, and the Scottish Law Commission into the wider legal and regulatory framework required, followed. With the baton handed back to the UK Government by way of an extensive set of recommendations published in January last year, the announcement of the Transport Bill in May looked set to continue that recent momentum.
Personal injury discount rate in England and Wales: exploring the options
In advance of the next formal review of the personal injury discount rate (PIDR) in England and Wales - which must begin by 15 July 2024 - the Ministry of Justice (MoJ) issued a call for evidence on 17 January 2023, seeking additional evidence and views on the introduction of dual or multiple rates.
What’s left of VCAT’s construction dispute jurisdiction?
The Honourable Justice Delany of the Supreme Court of Victoria recently held that the Victorian Civil and Administrative Tribunal does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic). In this article, we provide an overview of the decision and insights on the potential implications for VCAT’s Building and Property List.
John Gibson joins Kennedys Motor Practice
Kennedys partner and head of motor, Ian Davies, has confirmed that John Gibson has joined the firm as a Legal Director. John will lead Kennedys’ offering in motor non-injury.
New Pre-Action Protocol for RTA claims: Northern Ireland
On 6 February 2023, a new Pre-Action Protocol for Personal Injury and Damage Only RTA Action was introduced for such actions that are litigated in the County Court only. The Protocol introduces a number of changes, particularly on the exchange of information from the plaintiff to the defendant’s insurer in relation to personal injury and credit hire claims.